Mail8013
Hr Consultant
Nihaldalvi
Service
Surendhar.kec@gmail.com
Assistant Manager

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Dear Sir/Madam, I have resigned from a company & joined another company & have received pf withdrawal form from the earlier company. However, my new company does not has the facility of pf. The earlier company has a pf trust and so it has its own form.(form 10c & form19 are not there) In the form given by the earlier company, I fit in the option which mentions that "If you are employed in an organization which does not have PF (Certificate from the employer to be enclosed)".

My question is that in such case what should I write in the certificate and whose signatures should be taken. The other feasible options are (a) self employed/unemployed & (b) going for higher studies. If I go with any of the options (a) or (b), are there any certificates to be attached? I am asking because they haven't mentioned anything about these options.

Please reply at the earliest.

Regards,

Nikhil

Hello Nikhil,

The meaning of the certificate could be a letter from your current employer that "it is an exempted" establishment.

Let me explain you in little details to help you get clarity on this subject matter.

An establishment covered under the EPF & MP Act, 1952 is required to comply with the statutory provisions of the Act and also the provisions of the Schemes framed under the Act namely EPF Scheme, 1952, EPS Scheme, 1995 and EDLI Scheme, 1976.

However, the Act provides for grant of exemption from the operation of Act and also exemption from the operation of the Schemes framed under the Act. Thus, the types of exemption provided under the Act may be broadly classified as under:

(a)Exemption from the Act (Including the Schemes), under Section – 16 (2) of the Act.

(b)Exemption from the operation of the Scheme/s viz. EPF Scheme / EPS Scheme / EDLI Scheme.

You current establishment may be aligned with either one of these categories.

Seek an certificate from them specifying that they are exempted and if possible, the category under which they have been granted exemption.

YOU NEED NOT HAVE TO BEG YOUR PREVIOUS EMPLOYER FOR YOUR PF DUES. IT'S YOUR RIGHT.

Just submit the certificate and see what they say. Revert to me with their answer and I'll tell you how to proceed.

Regards,

Abhijit

Dear Sir/Madam,
I started working in a company from Jan'2010 and relieved in Oct'14. I had EPF and EPS over there. After resigning I joined another company now and working from Nov'14.
I am confused whether to withdraw PF or Transfer PF account. What are the advantages and disadvantages?
I heard that if I withdraw 20% tax will be deducted is it so?
I am in need of money now. What is the best possible solution?
Thanks in advance
Surendhar M

Hello Surendhar,
If you would have left your previous establishment after 3 more months on service i.e. in Jan-15, you would have got 2 benefits, both directly related to your financial advantage.
1) - You would have been eligible for gratuity and even if we go by the standard rule, you would have been eligible for 75 days basic wages (or what basic you are currently getting).
2) - Your PF withdrawal would have been totally tax free.
Since you left your establishment before completion of 5 years, the PF office will remit you your contribution for pf and pension after deducting the tax component.
Under such circumstances, I would recommend that you transfer your PF by filling up form 13 online.
You may apply for loan from the PF, but you need to check your eligibility first. The same can be found out in the epf website.
Regards,
Abhijit

Dear Abhijit Thank you very much for your reply. If I apply for withdrawal after jan’15. By that time my pf account will be 5 years. So will it be tax free?
Surendhar, Any withdrawal before the completion of 5 years is taxable. But you need to ensure that your pf contributions are been made for 60 months in to your account.
However, since you have got relieved in Oct-14, how is it that you are going to ensure the continuity. This can happen if you would have joined another organization, which again, would have been depositing your pf contributions. However, in that case, you would not be able to withdraw since the portability element coming in.
Regards,
Ab

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